Lawsuit: Texas man accuses Cinemark of selling ‘misleading’ drink sizes

(WJW) — A Texas man filed a lawsuit against Cinemark USA, accusing the movie theater chain of selling misleading drink sizes to moviegoers.

According to the lawsuit, filed in the U.S. District Court for the Eastern District of Texas last week, Shane Waldrop bought a 20-ounce and a 24-ounce draft beer at the Cinemark Tinseltown in Grapevine, Texas, on Valentine’s Day.

The lawsuit alleges that Waldrop didn’t think the 24-ounce container seemed big enough to hold 24 ounces, so he took the cup home to measure it.

Waldrop-v.-Cinemark-lawsuitDownload

According to the lawsuit, he discovered that container could only hold 22 ounces.

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The lawsuit accuses Cinemark of intentionally misleading customers to believe they were getting more for their money.

“Defendant markets and sells 24 oz drinks at a premium price, despite the containers being physically incapable of holding that amount of liquid,” the lawsuit alleges. “Defendant has reaped enormous profits from its false, misleading and deceptive packaging and sale of its 24 oz drinks.”

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The lawsuit alleges that the movie theater chain is in violation of Texas’s Deceptive Trade Practices Act.

As reported by Fox Business, Waldrop’s attorney, Jarrett L. Ellzey, said the lawsuit is an example of “consumers unwittingly overpaying for a supposed benefit they are not receiving.”

FOX 8 has reached out to Cinemark for a statement.

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